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[7. Offence relating to public servant being bribed.—Any public servant who,—
(a) obtains or accepts or attempts to obtain from any person, an undue advantage, with the intention
to perform or cause performance of public duty improperly or dishonestly or to forbear or cause
forbearance to perform such duty either by himself or by another public servant; or
(b) obtains or accepts or attempts to obtain, an undue advantage from any person as a reward for
the improper or dishonest performance of a public duty or for forbearing to perform such duty either
by himself or another public servant; or
(c) performs or induces another public servant to perform improperly or dishonestly a public duty
or to forbear performance of such duty in anticipation of or in consequence of accepting an undue
advantage from any person,
shall be punishable with imprisonment for a term which shall not be less than three years but which may
extend to seven years and shall also be liable to fine.
Explanation 1.—For the purpose of this section, the obtaining, accepting, or the attempting to obtain
an undue advantage shall itself constitute an offence even if the performance of a public duty by public
servant, is not or has not been improper.
Illustration.—A public servant, ‘S’ asks a person, ‘P’ to give him an amount of five thousand rupees
to process his routine ration card application on time. 'S' is guilty of an offence under this section.
Explanation 2.—For the purpose of this section,—
(i) the expressions “obtains” or “accepts” or “attempts to obtain” shall cover cases where a person
being a public servant, obtains or “accepts” or attempts to obtain, any undue advantage for himself or
for another person, by abusing his position as a public servant or by using his personal influence over
another public servant; or by any other corrupt or illegal means;
(ii) it shall be immaterial whether such person being a public servant obtains or accepts, or
attempts to obtain the undue advantage directly or through a third party.
7A. Taking undue advantage to influence public servant by corrupt or illegal means or by
exercise of personal influence.—Whoever accepts or obtains or attempts to obtain from another person
for himself or for any other person any undue advantage as a motive or reward to induce a public servant,
by corrupt or illegal means or by exercise of his personal influence to perform or to cause performance of
a public duty improperly or dishonestly or to forbear or to cause to forbear such public duty by such
public servant or by another public servant, shall be punishable with imprisonment for a term which shall
not be less than three years but which may extend to seven years and shall also be liable to fine.
1. Subs. by Act 16 of 2018, s. 4, for sections 7, 8, 9 and 10 (w.e.f. 26-7-2018).
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8. Offence relating to bribing of a public servant.—(1) Any person who gives or promises to give
an undue advantage to another person or persons, with intention—
(i) to induce a public servant to perform improperly a public duty; or
(ii) to reward such public servant for the improper performance of public duty,
shall be punishable with imprisonment for a term which may extend to seven years or with fine or with
both:
Provided that the provisions of this section shall not apply where a person is compelled to give such
undue advantage:
Provided further that the person so compelled shall report the matter to the law enforcement
authority or investigating agency within a period of seven days from the date of giving such undue
advantage:
Provided also that when the offence under this section has been committeed by commercial
organisation, such commercial organisation shall be punishable with fine.
Illustration.—A person, ‘P’ gives a public servant, ‘S’ an amount of ten thousand rupees to ensure
that he is granted a license, over all the other bidders. ‘P’ is guilty of an offence under this sub-section.
Explanation.—It shall be immaterial whether the person to whom an undue advantage is given or
promised to be given is the same person as the person who is to perform, or has performed, the public
duty concerned, and, it shall also be immaterial whether such undue advantage is given or promised to be
given by the person directly or through a third party.
(2) Nothing in sub-section (1) shall apply to a person, if that person, after informing a law
enforcement authority or investigating agency, gives or promises to give any undue advantage to another
person in order to assist such law enforcement authority or investigating agency in its investigation of the
offence alleged against the latter.
9. Offence relating to bribing a public servant by a commercial organisation.—(1) Where an
offence under this Act has been committed by a commercial organisation, such organisation shall be
punishable with fine, if any person associated with such commercial organisation gives or promises to
give any undue advantage to a public servant intending—
(a) to obtain or retain business for such commercial organisation; or
(b) to obtain or retain an advantage in the conduct of business for such commercial organisation:
Provided that it shall be a defence for the commercial organisation to prove that it had in place
adequate procedures in compliance of such guidelines as may be prescribed to prevent persons associated
with it from undertaking such conduct.
(2) For the purposes of this section, a person is said to give or promise to give any undue advantage to
a public servant, if he is alleged to have committed the offence under section 8, whether or not such
person has been prosecuted for such offence.
(3) For the purposes of section 8 and this section,—
(a) “commercial organisation” means—
(i) a body which is incorporated in India and which carries on a business, whether in India
or outside India;
(ii) any other body which is incorporated outside India and which carries on a business, or
part of a business, in any part of India;
(iii) a partnership firm or any association of persons formed in India and which carries on a
business whether in India or outside India; or
(iv) any other partnership or association of persons which is formed outside India and which
carries on a business, or part of a business, in any part of India;
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(b) “business” includes a trade or profession or providing service;
(c) a person is said to be associated with the commercial organisation, if such person performs
services for or on behalf of the commercial organisation irrespective of any promise to give or giving
of any undue advantage which constitutes an offence under sub-section (1).
Explanation 1.—The capacity in which the person performs services for or on behalf of the
commercial organisation shall not matter irrespective of whether such person is employee or agent or
subsidiary of such commercial organisation.
Explanation 2.—Whether or not the person is a person who performs services for or on behalf of the
commercial organisation is to be determined by reference to all the relevant circumstances and not merely
by reference to the nature of the relationship between such person and the commercial organisation.
Explanation 3.—If the person is an employee of the commercial organisation, it shall be presumed
unless the contrary is proved that such person is a person who has performed services for or on behalf of
the commercial organisation.
(4) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), the
offence under sections 7A, 8 and this section shall be cognizable.
(5) The Central Government shall, in consultation with the concerned stakeholders including
departments and with a view to preventing persons associated with commercial organisations from
bribing any person, being a public servant, prescribe such guidelines as may be considered necessary
which can be put in place for compliance by such organisations.
10. Person in charge of commercial organisation to be guilty of offence.—Where an offence under
section 9 is committed by a commercial organisation, and such offence is proved in the court to have been
committed with the consent or connivance of any director, manager, secretary or other officer shall be of
the commercial organisation, such director, manager, secretary or other officer shall be guilty of the
offence and shall be liable to be proceeded against and shall be punishable with imprisonment for a term
which shall not be less than three years but which may extend to seven years and shall also be liable to
fine.
Explanation.—For the purposes of this section, ‘‘director’’, in relation to a firm means a partner in
the firm.]
11. Public servant obtaining 1
[undue advantage], without consideration from person concerned
in proceeding or business transacted by such public servant.—Whoever, being a public servant,
accepts or obtains 2
*** or attempts to obtain for himself, or for any other person, any 1
[undue advantage]
without consideration, or for a consideration which he knows to be inadequate, from any person whom he
knows to have been, or to be, or to be likely to be concerned in any proceeding or business transacted or
about to be transacted by such public servant, or having any connection with the 3
[official functions or
public duty] of himself or of any public servant to whom he is subordinate, or from any person whom he
knows to be interested in or related to the person so concerned, shall be punishable with imprisonment for
a term which shall be not less than six months but which may extend to five years and shall also be liable
to fine.
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[12. Punishment for abetment of offences.—Whoever abets any offence punishable under this Act,
whether or not that offence is committed in consequence of that abetment, shall be punishable with
imprisonment for a term which shall not be less than three years, but which may extend to seven years
and shall also be liable to fine.]
1. Subs. by Act 16 of 2018, s. 5, for “valuable thing” (w.e.f. 26-7-2018).
2. The words “or agrees to accept” omitted by s. 5, ibid. (we.f. 26-7-2018).
3. Subs. by s. 5, ibid., for “official functions” (w.e.f. 26-7-2018).
4. Subs. by s. 6, ibid., for section 12 (w.e.f. 26-7-2018).
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13. Criminal misconduct by a public servant.—1
[(1) A public servant is said to commit the offence
of criminal misconduct,—
(a) if he dishonestly or fraudulently misappropriates or otherwise converts for his own use any
property entrusted to him or any property under his control as a public servant or allows any other
person so to do; or
(b) if he intentionally enriches himself illicitly during the period of his office.
Explanation 1.—A person shall be presumed to have intentionally enriched himself illicitly if he or
any person on his behalf, is in possession of or has, at any time during the period of his office, been in
possession of pecuniary resources or property disproportionate to his known sources of income which the
public servant cannot satisfactorily account for.
Explanation 2.—The expression ‘‘known sources of income’’ means income received from any
lawful sources.]
(2) Any public servant who commits criminal misconduct shall be punishable with imprisonment for
a term which shall be not less than 2
[four years] but which may extend to 3
[ten years] and shall also be
liable to fine.
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[14. Punishment for habitual offender.—Whoever convicted of an offence under this Act
subsequently commits an offence punishable under this Act, shall be punishable with imprisonment for a
term which shall not be less than five years but which may extend to ten years and shall also be liable to
fine.]
15. Punishment for attempt.—Whoever attempts to commit an offence referred to in 5
[clause (a)] of
sub-section (1) of section 13 shall be punishable with imprisonment for a term 6
[which shall not be less
than two years but which may extend to five years] and with fine.
16. Matters to be taken into consideration for fixing fine.—Where a sentence of fine is imposed
under 7
[section 7 or section 8 or section 9 or section 10 or section 11 or sub-section (2) of section 13 or
section 14 or section 15], the court in fixing the amount of the fine shall take into consideration the
amount or the value of the property, if any, which the accused person has obtained by committing the
offence or where the conviction is for an offence referred to in 8
[clause (b)] of sub-section (1) of section
13, the pecuniary resources or property referred to in that clause for which the accused person is unable to
account satisfactorily.